Hardcore punk band Black Flag's guitarist and his record label sued other members of the band in a Los Angeles federal court, claiming they violated trademark law by using the band's name and "distinctive four-bar logo" without the authorization to do so. Gregory Ginn and SST Records sued the band's front man Henry Rollins and the other five members, seeking an injunction, as well as profits reaped from the use of the trademarks, and actual and punitive damages and costs. This is relevant for us because Singapore-based label, O-MIGHTY, which stocks at Karmaloop, Nasty Gal, and soon to be available at Urban Outfitters, is also using the band's "distinctive four-bar logo" without the authorization to do so. See the two shirts after the break ...

If faced with a trademark infringement lawsuit, O-MIGHTY would likely cite fair use (via parody) because all of these t-shirts (from the Homies to Cuntier wares) are conveniently being labelled as parodies as of late. As for whether that would be a successful defense in court is debatable. Namely, because "parody," is a legal term of art, which is determined by a court and often makes for a lengthy debate. Read a bit about the trademark infringement v. parody distinction here.